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Utah Essay Bar Studies > Conflict of Laws > Flashcards

Conflict of Laws Flashcards

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1
Q

Individual Domicile COL

A

Where present with

Intent to permanently remain

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2
Q

Infants Domicile COL

A

Where custodial parent(s) domiciled

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3
Q

Incompetents Domicile COL

A

Retains parents’ domicile UNLESS
Competent, chose domicile, and
Then became incompetent

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4
Q

Corporations Domicile COL

A

Always state where incorporated

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5
Q

COL Limitations

A

Constitution
Statute
Agreements between parties

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6
Q

Constitutional Due Process COL Limitations

A

Forum state may apply own law to case if
Significant contact or significant
Aggregation of contacts with state such that
Choice of law neither arbitrary nor fundamentally unfair

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7
Q

Full Faith and Credit COL Limitations

A

Requires forum to apply law of another state when
Forum state has no contacts with or
Interest in controversy UNLESS
Violation of own legitimate public policy

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8
Q

State Statutes COL Limitations

A

Requires certain COL rules to be applied in

Particular cases

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9
Q

Fed Statutes COL Limitations

A

Fed statutes may preempt state from claiming JDX

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10
Q

Contractual COL Limitations

A

Will enforce if:
Valid agreement with effective COL clause
Applicable to lawsuit under terms of k
Reasonably related to lawsuit
Not in violation of public policy of forum or
Another interested state

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11
Q

Exception to Contractual COL Limitations

A

No reasonable basis for choice OR true

Consent not given due to fraud or mistake

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12
Q

Vested Rights COL

A

Law of JDX where parties’ rights were vested
i.e. where act or relationship that gave rise to
COA occurred or created

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13
Q

Torts Vested Rights COL

A

Where last event necessary to make

Actor liable took place

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14
Q

K Vested Rights COL

A

Where k was executed (validity,
Defenses to formation, interpretation) or
Where performed (performance issues or
Excuses to nonperformance)

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15
Q

Most Significant Relationship (Restatement 2nd) COL

A

Law of state with most significant

Relationship to issue

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16
Q

Torts Most Significant Relationship (Restatement 2nd) COL

A 
Policy reviewed to determine substantive law 
Taking into account: 
Place of injury,
Place where conduct occurred
Domicile
Relationship of parties centered
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17
Q

K Most Significant Relationship (Restatement 2nd) COL

A

Policy factors
Location of contracting, negotiating, or performance
Where SM is located
Domicile
Default rules UNLESS another state found to
Have more significant relationship

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18
Q

Land K Most Significant Relationship (Restatement 2nd) COL

A

Law of state where land is located

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19
Q

Personalty K Most Significant Relationship (Restatement 2nd) COL

A

Law of state where delivery occurs

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20
Q

Life Insurance K Most Significant Relationship (Restatement 2nd) COL

A

Insured’s domicile.

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21
Q

Casualty Insurance K Most Significant Relationship (Restatement 2nd) COL

A

Where insured risk located

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22
Q

Loans Most Significant Relationship (Restatement 2nd) COL

A

Where repayment required

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23
Q

Suretyship K Most Significant Relationship (Restatement 2nd) COL

A

Law governing principal obligation

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24
Q

Transportation K Most Significant Relationship (Restatement 2nd) COL

A

State of departure

25
Q

Governmental Interest COL

A

Presumes forum will apply own law but
May request another state’s laws because
Greater interest in outcome
Policy comparing

26
Q

False Conflict Governmental Interest COL

A

Forum has no interest in litigation

Law of state that does

27
Q

True Conflict Governmental Interest COL

A

Forum and another state each have interest
Forum reviews policies and if cannot be resolved
Forum law applies

28
Q

Disinterested Governmental Interest COL

A

When no state has interest

Forum state law applies

29
Q

Diversity Cases in Fed COL

A

Fed courts required to apply COL rules of
State in which sits but if case is transferred
From one Fed court to another Fed court
First state’s COL laws apply

30
Q

Depecage COL

A

Law of one state to govern one or more issues
While other issues are controlled by law of
One or more other states

31
Q

Renvoi COL

A

Requires court applying another state’s laws to
Also apply COL laws
Generally REJECTED

32
Q

Fed Tort Claim Renvoi COL

A

Requires application of whole law

Only place where not rejected

33
Q

Tangible Personal Property COL

A

Law of state where physically located unless

UCC or governmental interest approach applies

34
Q

Intangible Property COL

A

Law of state in which intangible was created or
Transfer was applied unless UCC or governmental
Interest approach applies

35
Q

Real Property COL

A

Situs

36
Q

Trust Transfers COL

A

Governed by type of property

37
Q

Trust Admin COL

A

Law of place where administered

38
Q

Inheriting Personal Property COL

A

Law of deceased’s domicile at time of death

39
Q

Marriage COL

A

Valid where took place and recognized

In all other states

40
Q

Exception to Marriage COL

A

If violates prohibitory rule of domicile of one

Parties, void if return there and become domiciled

41
Q

Divorce COL

A

Plaintiff’s domicile.

42
Q

Legitimacy COL

A

Law of domicile of parent whose

Relationship to child in question

43
Q

Adoption COL

A

Forum law

44
Q

Workers Comp COL

A

Any state with legitimate interest in

Injury and consequences

45
Q

One or more States Workers Comp COL

A

Compare workers’ compensation statutes
Before filing claim
Double recovery not permitted.

46
Q

Procedural Defenses Against App of Foreign Law

A

Forum’s laws of procedure determined by state

Law always govern

47
Q

Types of Uncommon Procedural Defenses Against App of Foreign Law

A

Admissibility of evidence
Existence or validity of privilege
Parol evidence rule
Statute of limitations (unless limits statutory right, vests due to AP, etc.)

48
Q

Laws against public policy Defenses Against App of Foreign Law

A

Forum MAY refuse to apply it

49
Q

Penal Laws Defenses Against App of Foreign Law

A

Forum will NEVER apply foreign penal laws

50
Q

Full Faith & Credit Recognition of Foreign Judgment

A

If valid final judgment on merits
Judgment will receive same effect in other states
As receives in state where rendered

51
Q

Defense Full Faith & Credit Recognition of Foreign Judgment

A

Penal judgments
Equitable defenses
Inconsistent judgments

52
Q

Non-Defense Full Faith & Credit Recognition of Foreign Judgment

A

Erroneous proceedings NOT defense

53
Q

Comity Recognition of Foreign Judgment

A

Discretion to decide whether to recognize

Foreign country’s judgments

54
Q

Uniform Foreign Money-Judgments Recognition Act Comity Recognition of Foreign Judgment

A

Must recognize judgments that grant or deny
Specific lump sums of money but excludes:
Judgments for taxes
Alimony
Child support
Penal judgments

55
Q

Divorce Recognition of Foreign Judgment

A

Valid divorce decrees entitled to

Full faith and credit

56
Q

Bilateral Divorce Recognition of Foreign Judgment

A

If PJ over both spouses and at least one
Spouse domiciled in state
Divorce judgment valid
Extends to all related property and alimony issues

57
Q

Ex Parte Divorce Recognition of Foreign Judgment

A 
Must have SMJ over both spouses and 
PJ over one spouse but full faith and credit 
Will not extend to property rights,
Alimony, child support UNLESS 
Non-domiciled spouse agrees
58
Q

Child Custody Recognition of Foreign Judgment

A

Under the UCCJEA, can make initial custody
Decisions if home state
Full faith and credit would apply

Utah Essay Bar Studies (16 decks)

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